Supreme Court Justice Elena Kagan: Obamacare's Cheerleader

With Federal Appellate Courts now split on the constitutionality of key aspects of Obamacare, focus is now shifting to the U.S. Supreme Court and how that body might rule. Some are also suggesting that the newest member of the court, Supreme Court Justice Elena Kagan, shouldn’t be recused from the case due to statements she made as the U.S. Solicitor General.

Four U.S. appeals courts already have ruled on the law. Two declared it constitutional, one declared it unconstitutional, and another ruled that no challenge could be brought until a person was required to pay the penalty. With no clear ruling at the appellate level, the Supreme Court has decided that it will hear challenges to the health care bill.

Legal experts predict the vote could be close. The Supreme Court is now made up of four liberal and five conservative justices, though Anthony Kennedy often votes more moderate. Since several federal judges have declared Obamacare unconstitutional, this may well be one of the most closely watched Supreme Court cases in decades. Whatever is decided will certainly have political ramifications for the national elections next year.

Obama appointee Justice Elena Kagan made it plain that she sees practically no limits to federal powers during her confirmation hearing last summer. It is a matter of record that Kagan, serving as Solicitor General for the Obama administration, was present for at least one strategy meeting for defending Obamacare.

Thought Kagan claims her involvement was minimal, the Judicial Crisis Network reports that her involvement is much more significant than she claims. Emails obtained by Judicial Watch through the Freedom of Information Act reveal that she applauded passage of Obamacare in numerous emails. A March 21 email involved an exchanged between Kagan and then-Senior Counselor for Access Justice Laurence Tribe. Kagan write “I hear they have the votes!! Simply amazing…” to which Tribe responded, “So healthcare is basically done! Remarkable.”

During the time Kagan served as Solicitor General, she recused herself from twenty-nine of eighty-two Supreme Court cases. Section 455 of Title 28 of the United States Code (the Judicial Code) states that “any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

The case concerning Obamacare should be no exception. Declaring the passage of Obamacare “amazing!!” certainly points to a lack of impartiality. Justice Elena Kagan is not a defender of constitutional rights; she is an enthusiastic and vocal supporter of Obamacare.

Obamacare is a clear violation of the Constitution and should be repealed for the sake of our health care freedom. Hopefully the Supreme Court will stands for the original intent of the Constitution. At the very least, Justice Elena Kagan should recuse herself and abstain from participating in the case due to her obvious conflict of interest.

A Closer Look at Elena Kagan

There can be no doubt that, like many of President Obama’s appointees, Justice Elena Kagan is a committed socialist. Here are just few quotes from her senior thesis submitted in 1981 to the History Department of Princeton University.

From page 127:

“Americans are more likely to speak of…. capitalism’s glories than of socialism’s greatness.”

“We must look further to find the causes of U.S. socialism’s demise.”

“…American radicals cannot afford to become their own worst enemies. In unity lies their only hope.”

“….the SP(Socialist Party) exhausted itself forever and further reduced labor radicalism….. The story is a sad but also a chastening one for those who, more than half a century after socialism’s decline, still wish to change America.”

During her confirmation hearings, a number of legal scholars noted that Elana Kagan had very little experience in court. One declared:

Kagan has never set foot as an attorney of record into a trial courtroom in the United States, not even a small claims justice court; nor for that matter, any appellate court save for the literally handful of spoon fed cases she suddenly worked on as Solicitor General. Kagan has never been a judge in any courtroom, of any court, in the United States. Quite frankly, there is not even any evidence Elena Kagan has sat as a judge for a law school moot court exercise. I have had paralegals and secretaries with better experience than this. Does a nominee for the Supreme Court have to be Gerry Spence, Pat Fitzgerald or David Boies? No, but it would be nice if they had the passion, curiosity and commitment to their profession to go to court at least once. Never has there been a United States Supreme Court Justice with such a complete lack of involvement in the court system. Never.

So now we have the most unqualified Supreme Court Justice in history, and people expect her to remain impartial when it comes to the healthcare bill? If it wasn’t so horrifyingly true, it would be laughable.